CU23-02888
Demurrer and Motion to Strike filed by Defendant JUST CLEAN, INC., dba
AQUA CLEAN SOLUTIONS
TENTATIVE RULING
The demurrer is sustained with leave to amend to the extent it is based on a misjoinder
of parties. This case is a partial subrogation action, that is, a subrogation action in
which the insured, Buckhorn Enterprises, LLC, retained some of its rights against the
defendant. Therefore, Buckhorn is an indispensable party, and must be joined in this
action either as a plaintiff or as a defendant (involuntary plaintiff) under CCP Section
382. (Bank of Orient v. Superior Court (1977) 67 Cal.App.3d 588, 595).
The demurrer is overruled to the extent it is based on the contention that the cause of
action for breach of contract is uncertain and fails to state facts sufficient to constitute a
cause of action. The complaint alleges that Buckhorn Enterprises, LLC, and defendant
entered into a contract by which defendant agreed to inspect, clean, and maintain the
hood and duct syste